Settlement of motor vehicle related offences
“Compounding” under the Code of Criminal Procedure, 1973 (“the Code”) or “composition” under the Motor Vehicles Act, 1988 (“the MV Act”) allows the accused or (alleged) offender to legally settle the outstanding offence(s) under these laws (subject to prescribed conditions), generally by paying a penalty or fine amount.
Compounding under the Code
Section 320 of the Code allows “compounding” of certain offences under the Indian Penal Code, 1860 (“IPC”), including Section 337 IPC (Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others) and Section 338 IPC (Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others), with the permission of the Court before which any prosecution for such offence is pending.
Where there are victims involved, significant damage caused or the offence is of a serious nature, such as the offence of “Rash driving or riding on a public way” (Section 279 IPC), “Causing death by negligence” (Section 304A IPC) etc., the compounding option may not be available. In such circumstances the accused would need to seek other legal remedies to potentially settle the matter and avoid prosecution, which may also require payment of compensation to the victim(s) or their kin as part of the settlement and approval from the concerned Court.
Composition under MV Act
Similar legal option of “composition” is also provided under Section 200 of the MV Act for most offences thereunder, including the following:
- Section 182 (Offences relating to licences)
- Section 183 (Driving at excessive speed, etc. in some circumstances)
- Section 184 (Driving dangerously (only to the extent of use of handheld communication devices) etc.
Payment of the composition sum as fine or penalty for the offence, online for some jurisdictions via virtual courts for traffic offences under MV Act, enables the offender to settle the outstanding violations/challans, without the need to attend Court for such purpose and avoid potential prosecution or other legal consequences. However, delay or failure to pay may result in the option for composition being withdrawn and matter being proceeded with in Court. Further, acceptance of liability for the offence via payment of composition sum may form part of the offender’s record under the MV Act and result in adverse legal consequences in the future when faced with other alleged violations.
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